Order Approving Confidentiality Agreement and Stipulated Protective Order — Vyaire Medical, Inc.

Summary

In the Vyaire Medical, Inc. chapter 11 cases, this order approves the Confidentiality Agreement and Stipulated Protective Order, a copy of which is attached as Annex 1. The agreement is entered into by the Debtors, the Official Committee of Unsecured Creditors, certain of the Debtors' creditors and other constituents that are signatories, and others who become bound by signing Exhibit A. The order authorizes the parties to enter into the agreement substantially in the form attached, reserves the rights of all parties and non-parties to move to amend, and states that the Court retains jurisdiction over matters arising from it. The order is dated July 24th, 2024, and the signature block names Brendan L. Shannon, United States Bankruptcy Judge.

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                   Case 24-11217-BLS             Doc 306       Filed 07/24/24         Page 1 of 2




                         IN THE UNITED STATES BANKRUPTCY COURT
                              FOR THE DISTRICT OF DELAWARE

                                                               )
    In re:                                                     )        Chapter 11
                                                               )
    VYAIRE MEDICAL, INC., et al.,1                             )        Case No. 24-11217 (BLS)
                                                               )
                             Debtors.                          )        (Jointly Administered)
                                                               )

                          ORDER APPROVING CONFIDENTIALITY
                     AGREEMENT AND STIPULATED PROTECTIVE ORDER

             Upon the certification of counsel regarding the Confidentiality Agreement and Stipulated

Protective Order (the “Confidentiality Agreement and Protective Order”),2 a copy of which is

attached hereto as Annex 1, entered into by and among: (a) the debtors and debtors in possession

in the above captioned chapter 11 cases (collectively, the “Debtors”); (b) the Official Committee

of Unsecured Creditors (the “Committee”); (c) certain of the Debtors’ creditors and other

constituents that are signatories to this Order; and (d) any other persons or entities who become

bound by this Order by signifying their assent through execution of Exhibit A to the Confidentiality

Agreement and Protective Order; and this Court being able to issue a final order consistent with

Article III of the United States Constitution; and this Court having found that venue of these

Chapter 11 cases in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court

having found that this matter is a core proceeding pursuant to 28 U.S.C. § 157(b); and it appearing




1
      The last four digits of Debtor Vyaire Medical, Inc.’s federal tax identification number are 6495. A complete list
      of each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may be
      obtained on the website of the Debtors’ claims and noticing agent at https://omniagentsolutions.com/Vyaire. The
      location of Debtor Vyaire Medical, Inc.’s principal place of business and the Debtors’ service address in these
      chapter 11 cases is 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
2
      Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Confidentiality
      Agreement and Protective Order.
               Case 24-11217-BLS         Doc 306     Filed 07/24/24     Page 2 of 2




that sufficient notice of the Confidentiality Agreement and Protective Order has been given; and

after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED THAT:

          1.    The Confidentiality Agreement and Protective Order is APPROVED as set forth

herein.

          2.    The Parties are authorized to enter into the Confidentiality Agreement and

Protective Order, substantially in the form attached hereto as Annex 1.

          3.    The failure to specifically include or reference any particular term or provision of

the Confidentiality Agreement and Protective Order shall not diminish or impair the effectiveness

of such term or provision.

          4.    The rights of all Parties and non-Parties to the Confidentiality Agreement and

Protective Order to move to amend this Order or the Confidentiality Agreement and Protective

Order are fully reserved.

          5.    The Debtors are authorized and empowered to execute and deliver such documents,

and to take and perform all actions necessary to implement and effectuate the relief granted in this

Order.

          6.    This Court retains jurisdiction with respect to all matters arising from or related

to the implementation, interpretation, and enforcement of this Order and the Confidentiality

Agreement and Protective Order.




Dated: July 24th, 2024                         BRENDAN L. SHANNON
Wilmington, Delaware                           UNITED STATES BANKRUPTCY JUDGE




                                                 2


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